LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 173

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
to-face with the accused synodical President. Even if the alleged violation of Article XIII of the Constitution is considered to be “public,” this provision of Matt. 18:15 shall be followed. The reputation of all parties is to be protected as
commanded in the 8th Commandment.
4. The Council of Presidents may appoint a small committee to assist in reconciliation efforts. The goal throughout is always one of admonition and reconciliation, of repentance and forgiveness (even if the following proceedings
result in expulsion of membership).
5. The synodical requirement of previous admonition
called for in Article XIII of the Constitution commences at
this stage, if applicable.
6. Only after all the requirements of the consultation
provided in this bylaw (paragraphs a 1−5) have been followed may the accuser District President bring the matter
to the chairman of the Council of Presidents (acting on behalf of the District Presidents) for action under this bylaw
provision if so determined by the Council of Presidents
(paragraph a 2 above).
b. Under this Bylaw 2.28, the chairman of the Council
of Presidents, acting on behalf of the District Presidents,
shall commence action when he becomes aware of information or allegations that could lead to expulsion of the synodical President from the Synod under the provisions of Article XIII of the Constitution by such information or
allegations being conveyed to him in a formal written complaint or accusation made by a District President of the
Synod who has carried out the above provision (paragraph
2.28 a). In commencing such action, the chairman of the
Council of Presidents:
1. Shall determine whether Bylaw 2.28 a provisions
have been carried out and shall thoroughly investigate the
matter to determine whether the facts learned from his investigation form a basis for expulsion of the synodical President under Article XIII of the Constitution. He may appoint a small investigation committee (cf. Bylaw 4.75);
2. Shall follow the guidelines of Matt. 18:15–16, as the
requirement of admonition in Article XIII of the Constitution, if applicable, continues to be carried out;
3. May, apart from the investigation, also appoint a
small committee to assist in reconciliation efforts (see paragraph a 4 above).
In the event the chairman of the Council of Presidents is
disqualified because he is a party to the matter, has a conflict of interest, or is unable to act, the next qualified officer
of the Council of Presidents shall function in his place. The
majority vote of the District Presidents, excluding any involved District President, shall determine any challenge to
the eligibility of the chairman of the Council of Presidents
to act which is not agreed to by the chairman.
c. In the determination whether or not to initiate formal
proceedings, the chairman of the Council of Presidents may
form a Referral Panel consisting of three District Presidents. This panel shall be formed by blind draw and shall
not include any District President that is a party to the
matter or the accuser District President. The blind draw
shall be administered by the chairman of the Council of
Presidents and audited by witnesses. After reviewing the
accusation and the results of the investigation, the Referral

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Panel shall determine its recommendation whether or not
to initiate formal proceedings. If the chairman of the Council of Presidents fails to act within 60 days after receipt of
the formal written complaint or accusation, the District
President who is the accuser may present a formal written
request to the chairman of the Council of Presidents for the
forming of the Referral Panel, which request the chairman
must grant. If the provisions of Bylaw 2.28 b 1−3 have not
been carried out, the Referral Panel shall carry out these
provisions in the process of determining its recommendation whether or not to initiate formal proceedings. Whether
made by the chairman of the Council of Presidents or the
Referral Panel, in the recommendation whether or not to
initiate formal proceedings the chairman of the Council of
Presidents shall bring the matter to the full Council of
Presidents for hearing the recommendation, for discussion,
and for vote.
1. An affirmative vote to proceed, by written ballot of at
least 51 percent of the total number of District Presidents
(the collective ecclesiastical supervisors elected by the Districts), shall be required for the determination to initiate
formal proceedings. Any District President that is a party
to the matter shall be excluded from voting.
2. If the result of the vote is not to initiate formal proceedings, the chairman shall in writing so inform the accuser and the synodical President, which shall terminate
the matter.
3. If the results of the vote require the case to proceed,
the chairman shall proceed as hereafter required.
d. If the District Presidents according to the procedure
set forth in paragraph c above conclude that the facts form
a basis for expulsion of the synodical President under Article XIII of the Constitution, the chairman of the Council of
Presidents in commencing the formal proceedings shall:
1. provide to the synodical President a written notification of his suspended status under Bylaw 2.25;
2. provide to the synodical President a written statement of the matter which sets forth the facts and states
that he is requesting expulsion of the synodical President
from membership in the Synod in accord with Article XIII
of the Constitution;
3. prepare a written memorandum describing the manner in which there was compliance with the mandate of
Matt. 18:15–16 and “previous futile admonition” (Constitution Art. XIII), as well as all of the provisions of Bylaw 2.28
a−c.
4. provide to the synodical President a written notification that he has 15 days from the date of receipt of the
statement of the matter to advise the secretary of the Council of Presidents that there is a desire to have the matter
heard and resolved. Failure by the synodical President to
file such written request for hearing and resolution within
the 15-day period shall be deemed to be consent to expulsion from membership from the Synod.
e. If the request for hearing (paragraph d 4 above) is
made, the secretary of the Council of Presidents shall form
a Hearing Panel of District Presidents within 30 days of the
request in accordance with the provisions in this bylaw.
1. A Hearing Panel consisting of three District Presidents, excluding the chairman of the Council of Presidents
2004 Convention Proceedings